should i avoid the summons?

[trot37]

had a certified letter sent to me in nov.from the pplc so i knew it was from dave so i never went to the post office to get it. got the second letter (fake summons) in late dec. early jan. then today got the knock on the door know it was a summons beacues the guy fits the description of a guy who surved someone i know. so i did not answer it. should i avoid it? and what will hapen if i do?
this sucks my stomach is in knots.

[Dean_M_Love]

...all they have to do is go back to the court and say you are avoiding service or they are unable to serve you, and they can get an order for substitutional service, meaning the process server just has to say he left it on your door, in your mailbox, or send by regular mail, and sometimes they require that it be posted in the newspaper etc.. depends on the rules in your jursdiction, but the bottom line is if you could avoid a lawsuit simply by avoiding service, the entire system would fall apart because everyone would simply avoid service...

[JD490]

Here are some pacer copies of what they will do if you do not accecpt there summons.
U.S. District Court
U.S. District Court for the District of Arizona (Phoenix)
CIVIL DOCKET FOR CASE #: 01-CV-2140
DIRECTV Inc v. Davis, et al
Filed: 11/02/01
Assigned to: Judge Stephen M McNamee
Demand: $0,000
Nature of Suit: 890
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 47:0504 Violation of the Communications Act



2/27/02 17 MOTION for Alternative Service Upon Dr Richard J Susmark
and Jane Doe Susmark through First Class United States Mail
by pla DIRECTV Inc [17-1] AND for attorney's fees and
costs incurred in effecting service of process by pla
DIRECTV Inc [17-2] (sat) [Entry date 02/28/02]

3/6/02 23 ORDER by Judge Stephen M. McNamee granting motion for
Alternative Service Upon Dr Richard J Susmark and Jane Doe
Susmark through First Class United States Mail by pla
DIRECTV Inc [17-1], FURTHER ORDERED granting motion for
attorney's fees and costs incurred in bringing the motion
and in effecting service of process for dfts Dr Richard J
Susmark and Jane Doe Susmark by pla DIRECTV Inc [17-2]; Pla
shall submit its memorandum in support of attorneys' fees
and statement of costs within thirty (30) days of notice of
entry of this Order (cc: all counsel) (sat)
[Entry date 03/06/02]

/12/02 24 NOTICE of Service of Dr Richard J Susmark and Jane Doe
Susmark by first class United States Mail pursuant to
Court's Order of 3/4/02 by pla DIRECTV Inc (sat)
[Entry date 03/13/02]

6/5/02 30 DEFAULT ENTERED as to dft Richard J Susmark, dft Jane Doe
Susmark (cc: all counsel) (sat) [Entry date 06/05/02]

Now this guy will have to go back to court to undo this default judgment, and in the mean time dave can start trying to get money out of him. Get an attorney fast and figure this out. You can't hide your head in the sand.

[REDx]

there is something you might try.
this should work.
try and avoid service. at the same
time have an attorney respond to the
letter. could save ya a couple thousand
dollars. if your sucessful let us know
this could save a some of people a lot
of money and trouble.

[crownvic]

Really I would not worry about it..
Accept the summons and simply respond to the court within the given time. Just cause you get a summons does not mean you are going to trial but now you are forced into a response. Things can still be worked out well before a trial date is set,but it really is time to take care of business. Dean is correct they will just get the judge to sign an order for alternate service,so all you are doing is stalling for time. One day you will come home and find it pinned to the door or gate with the attached order from the judge. It is probabaly time to consult with an attorney... Good luck let us know how you make out..
CRvic.

[crownvic]

Trot,
Let me add that if you accept the summons you can go down to the district clerks office and ask them how to reply to it if you can;t afford an attorney. You may find that they may be helpful and they are not there to take sides,hope your stomach feels better.;)

[slowpok]

I believe i would accept summons. A good place to find out how to answer your summons is at dssware.com...ask for mail284 and tell him I sent you.

A summons doesn't seem to mean much more than the need for more representation at this point. Nobody has been found guilty of anything...as a matter of fact nobody has been through the court system yet.

Mail284 at dssware.com can give you all you need to know about your situation.

Slowpok